POS 10101: 05032006

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POS 101-01 05/03/2006

• Course Status.
• Presentation grades sent via e-mail.
• Final mini-quiz returned.
• Research paper due (in class and via e-mail).
• Ideally turn in both, but either hard copy or
  e-copy due in or before class. Both due w/n 24
  hours (05/04 1100am).
• Submit paper as one document/file (not separate
  files for title page, body, bibliography).
• Do not submit pieces of the assignment -
  assignment graded based on latest component.
• My e-mail address is cerickso_at_roosevelt.edu not
  cerickson_at_roosevelt.edu

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• Course Status (continued).
• May 8th - Final exam - 1100-130.
• Papers returned (if not already returned via
  e-mail).
• Class Agenda.
• Presentations.
• Immigration.
• President, Congress, and public opinion.
• Election 2006.
• Supreme Court.
• Final exam review.
• Class evaluation.

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• Immigration Mobilization and Countermobilization.
  
• Video 1 CNN.
• Washington Post Index.
• Minutemen Organization.
• Day Without Immigrants.
• Immigrant Solidarity Network.
• Issues
• Why now?
• Legislation.
• House Resolution 621 - 12/16/2005. Lib. Congress.
• Passed HR 4227 Border Protection, Antiterrorism,
  and Illegal Immigration Control Act of 2005. 257
  page document.
• Chief Architect Rep. Sensenbrenner (R-Wis - 5th
  Dist.).
• House Judiciary Committee.
• Demonstration and political movement
  mobilization.
• Upcoming elections.
• Shaping of public opinion.

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• Mission Accomplished? 3 years later.
• CNN Clip.
• Permanent superbases in Iraq?
• Newsweek. (05/01/2006) Stuck in the Hot Zone,
  Don't dream about full exits. The military is in
  Iraq for the long haul.
• Newsweek. (05/01/2006) Stuck in the Hot Zone,
  Don't dream about full exits. The military is in
  Iraq for the long haul.
• Massive infrastructure for continued military
  presence.
• Balad Air Base.
• 15 square miles.
• 27,500 flights a day, second only to Londons
  Heathrow.
• Warriors Country Club.
• Remotely piloted UAVs launched.
• Controlled in flight from Las Vegas.
• Example of retreat to the air and garrisons?

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• Security, Iron Triangles, and Corruption.
• Cunningham Scandal MZM Corporation.
• Defense contractor kickbacks to Cunningham for
  earmarks and other forms of interference in
  awarding defense and homeland security contracts.
• Wade Mitchell, CEO of MZM faces up to 11 years.
• Center for Public Integrity Windfalls of War.
• Relates to DOD Domestic Surveillance.
• Rolling Stone (04/20/2006) The Pentagon's New
  Spies, The military has built a vast
  domestic-intelligence network to fight terrorism.
  
• MZM contractor/subcontractor for
• DISA - MASINT Project.
• DOD Army National Ground Intelligence Center.
• DOD Army Counterintelligence Field Activity.

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Presidential Power and War

• Article I Power to Declare War.
• Congress has power to declare and fund war.
• No formal declaration of war since 1941.
• Resolutions passed in support of presidential
  action.
• Opportunity for oversight and debate.
• War Powers Resolution of 1973.
• 60 day limit w/o Congressional authorization.
• Ignored by presidents.
• unclear what war powers if any in hands of
  Congress (We The People, 529).
• Imperial Presidency?
• Article II Power.
• Expressed power. Commander and Chief.
• Inherent power. Extraordinary measures justified
  by inherent power to protect nation.

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Operation Iraqi Freedom

• CENTCOM. US Army.
• Iraqi Freedom Operations.
• Global Security.
• Difficulties of combined counterterror/counterinsu
  rgency operations.
• Coalition casualties.
• Iraq Body Count.
• CNN.
• CENTCOM.
• Civilian casualties.
• Estimates.
• Iraq Body Count.
• Complexity of conflict.
• Mixture of conventional war, insurgency, domestic
  and international transnational terrorism.

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Operation Enduring Freedom (Afghanistan)

• CENTCOM. US Army.
• Enduring Freedom Operations.
• Global Security.
• Difficulties of combined counterterror/counterinsu
  rgency operations.
• Coalition casualties.
• Iraq Coalition Casualties Enduring Freedom
  section.
• Civilian casualties.
• Estimates.
• Marc Herold, Prof. University of New Hampshire.
• Project on Defense Alternatives.
• Cooperation with Pakistan security apparatus.
• Tribal Areas.

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• Video MSNBC 04/20/2006.
• Interview with Sean Wilentz - Princeton Amer.
  Studies Dept. Chair.
• Authored Rolling Stone 4/21/06 article Worst
  President in History?
• Chief problems for Bush II Administration?
• Possible to recover?
• President, Public Opinion and Supreme Court.
• Despite low public opinion ratings, Bush IIs
  influence on Supreme Court profound (Roberts,
  Alito).
• Any way that Supreme Court can be influenced by

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Congress Approval/Disapproval
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Terrorism
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2006 Election - 04/28/2006a
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2006 Election - 04/28/2006b
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2006 Election - 04/28/2006c
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2006 Election - 04/28/2006d
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2006 Election - 04/28/2006e
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Iraq 04/2006a
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Iraq 04/2006b
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Iraq 04/2006c
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Iraq 04/2006d
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Iraq 04/2006e
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Congress Iraq 04/2006f
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Congress Iraq 04/2006g
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The Presidency Democratic Filibuster of Alito
and Public Opinion.

• Issue raised in late spring 2005.
• Again raised by Alito nomination hearings.
• Senate Democrats threatened a filibuster if
  extraordinary circumstances.
• Some of Alitos positions were presented as
  triggering filibuster.
• Republicans threatened to change Senate rules and
  eliminate filibuster for judicial appointments.
• Graph at right from May 05.
• Filibuster option not pursued.
• Alito confirmed.

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Filibuster/Nuclear Option.

• Republican Leadership complain Democrats blocking
  appointment of federal judges.
• Judges Nominated by President.
• Filibuster could be eliminated by rules change.
• Filibuster to end 3/5 (or 60) Rules Change
  Majority.
• Threatened by Frist (R-Ten) Majority Leader of
  Senate.
• Supported by interest groups like Focus on the
  Family (Judicial Tyranny), Judicial Watch.
• Opposed, MoveOn.
• Not used for either Alito or Roberts nominations.

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Texas Redistricting, DeLay Corruption Charges,
Supreme Court1.

• SC agreed to review DeLay Led Redistricting on
  Monday 12/12/05.
• Heard arguments 03/01/2006.
• CNN .
• Redistricting effected composition of Texas
  Legislature and Texas Congressional make-up.
• Low level DOJ officials recommended rejecting
  plan adverse impact on Latino and
  African-American voters.
• High-level DOJ officials accepted plan.
• Corruption.
• Illegally funneling money to Texas Republican
  legislators.
• Money from DeLays PAC.

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Texas Redistricting, DeLay Corruption Charges,
Supreme Court2.

• Redistricting possible violation of Voting Rights
  Act.
• Supreme Court heard briefings for consolidated
  lawsuits from
• Austin City Government.
• Travis County Government.
• LULAC
• Texas Redistricting Case.
• MALDEF.
• Press release.

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Texas Redistricting Case
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Texas Redistricting Case
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US Military and International Law

• International Criminal Court.
• Coalition for an ICC - Pro ICC NGO.
• Abu Ghraib Prisoner Abuse.
• US/Coalition forces cant be prosecuted by Iraqi
  Govnt (UN Security Council Resolution wording).
• England Guilty Plea rejected/plea bargain.
• Being tried under UCMJ.
• Rejection based on testimony of another guard
  that abuse was part of lawful interrogation
  tactics.
• US CCR tried to use German Courts to involve ICC.
• US HRW supports US joining ICC.

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Iraq Prisoner Abuse
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Iraq Prisoner Abuse.
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The Federal Courts

• The legal system
• Federal courts
• The power of the Supreme Court Judicial review
• Judicial power and politics

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The Legal System

• Within what broad categories of law do cases
  arise?
• How is the U.S. court system structured?

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Cases and the LawTypes of Law

• Criminal law
• Civil law
• Public law

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Cases and the LawTerms

• Criminal cases
• Government
• Defendant
• Beyond a reasonable doubt
• Civil cases
• Plaintiff
• Defendant
• Preponderance of the evidence
• Precedent or stare decisis

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Types of Courts

• Trial court
• Appellate court
• Supreme court

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Federal Jurisdiction

• What is the importance of the federal court
  system?
• What factors play a role in the appointment of
  federal judges?
• What shapes the flow of cases through the Supreme
  Court?

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Federal Jurisdiction

• The lower federal courts
• The appellate courts
• The Supreme Court
• How judges are appointed
• Controlling the flow of cases

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The Lower Federal Courts

• Courts of original jurisdiction
• 272,661 cases in 1996
• Eighty-nine district courts in the fifty states
  and one in Puerto Rico
• 610 federal district judges

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The Appellate Courts

• Appellate jurisdiction
• 51,524 cases in 1996
• Twelve appellate circuits
• Six to twenty judges per court of appeals

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The Supreme Court

• Original and appellate jurisdiction
• 7,601cases reviewed in the 19971998 term
• One chief justice and eight associate justices

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How Judges Are Appointed

• Appointed by the president
• Confirmed by the Senate
• Senatorial courtesy

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Controlling the Flow of Cases

• The solicitor general
• The FBI
• Law clerks

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Federal Courts and Judicial Review

• What is judicial review?
• How does judicial review make the courts a
  lawmaking body?
• How does a case reach the Supreme Court?
• What factors influence the judicial philosophy of
  the Supreme Court?

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The Power of the Supreme CourtJudicial Review

• Judicial review of acts of Congress
• Judicial review of state actions
• Judicial review of lawmaking
• How cases reach the Supreme Court
• Explaining Supreme Court decisions

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Judicial Review of Acts of Congress

• Judicial review is the power to review the
  constitutionality of governmental actions.
• Marbury v. Madison (1803)
• Federalist 78

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Judicial Review of State Actions

• Supremacy clause provides that the Constitution
  is the supreme law of the land.
• Supreme Court uses supremacy clause to declare
  acts of the states unconstitutional.
• Examples
• Brown v. Board of Education (segregation)
• Roe v. Wade (abortion statutes)
• Loving v. Virginia (interracial marriages)

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Judicial Review and Lawmaking

• The power of judicial review is used to define
  basic concepts as they apply to laws enacted by
  Congress and the president.
• The courts become lawmakers.

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How Cases Reach the Supreme Court

• Constitutional jurisdiction
• Standing
• Mootness
• Writ of habeas corpus
• Writ of certiorari

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The Supreme Courts Procedures

• Briefs
• Oral argument
• Conference
• Opinions and dissent
• Majority opinion
• Concurring opinion
• Dissenting opinion

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Explaining Supreme Court Decisions

• Judicial activism
• Judicial restraint
• Political ideology

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Judicial Power and Politics

• How has the power of the federal courts been
  limited throughout much of American history?
• How has this changed over the last fifty years?
• How has this changed the Supreme Courts role in
  the political process?

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Judicial Power and Politics

• Traditional limitations on the federal courts
• Two judicial revolutions
• The judiciary Liberty and democracy

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Traditional Limitations on the Federal Courts

• Standing
• Remedies
• Lack of enforcement powers
• Political appointments
• Congress controls size and jurisdiction

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Two Judicial Revolutions

• Substantive revolution of judicial policy
• Procedural revolution expanding judicial power

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• May 8th.
• Final exam, 1100-130pm.
• Remember to bring at least one blue book.
• Papers returned, if not already returned via
  e-mail.
• Evaluation
• 1150 1215.
• SIR II Forms
• SIR Report Number upper right corner - 008311.
• Faculty and Course Evaluation Form.
• Course POS 101-01.
• Faculty Christian Erickson.